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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Public Sector Management Act 1994 amended 3. Act amended 3 4. Section 57 amended 3 5. Section 58 amended 3 6. Section 59 amended 7 7. Part 9 Division 4 inserted 7 Division 4 -- Public and Health Sector Legislation Amendment (Right of Return) Act 2018 Part 2 amendments: transitional provisions 115. Transitional provisions (Sch. 9) 7 8. Schedule 9 inserted 8 Schedule 9 -- Public and Health Sector Legislation Amendment (Right of Return) Act 2018 Part 2 amendments: transitional provisions 1. Terms used 8 2. Right of return for executive officers on initial contracts not exceeding 2 years 9 3. Right of return for executive officers on initial contracts exceeding 2 years 9 4. Right of return for executive officers on other contracts 11 5. Executive officers may elect to take compensation 12 6. No other right of return under s. 58 or contract for executive officers on existing contracts 12 86--1 page i Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Contents 7. Entitlements arising under s. 59 before commencement day 13 Part 3 -- Health Services Act 2016 amended 9. Act amended 14 10. Section 129 amended 14 11. Section 132 amended 14 12. Section 133 amended 18 13. Part 19 Division 8 inserted 18 Division 8 -- Public and Health Sector Legislation Amendment (Right of Return) Act 2018 Part 3 258A. Terms used 18 258B. Right of return for executives on initial contracts not exceeding 2 years 19 258C. Right of return for executives on initial contracts exceeding 2 years 20 258D. Right of return for executives on other contracts 22 258E. Executives may elect to take compensation 23 258F. No other right of return under s. 132 or contract for executives on existing contracts 23 258G. Entitlements arising under s. 133 before commencement day 24 page ii Western Australia LEGISLATIVE ASSEMBLY Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 A Bill for An Act to amend the Public Sector Management Act 1994 and the Health Services Act 2016 -- • to restrict the right of return to members of the Senior Executive Service and the Health Executive Service who are on initial contracts; and • to reduce the maximum compensation payable to a person who ceases to be a member of the Senior Executive Service or the Health Executive Service; and • for related purposes. The Parliament of Western Australia enacts as follows: page 1 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Public and Health Sector Legislation Amendment 4 (Right of Return) Act 2018. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) Part 1 -- on the day on which this Act receives the 8 Royal Assent; 9 (b) the rest of the Act -- on a day fixed by proclamation, 10 and different days may be fixed for different provisions. page 2 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Public Sector Management Act 1994 amended Part 2 s. 3 1 Part 2 -- Public Sector Management Act 1994 amended 2 3. Act amended 3 This Part amends the Public Sector Management Act 1994. 4 4. Section 57 amended 5 Delete section 57(1)(c) and insert: 6 7 (c) in the case of an executive officer to whom 8 section 58 applies, any election by the 9 executive officer to retain a right of return as 10 defined in section 58(7). 11 12 5. Section 58 amended 13 (1) Before section 58(1) insert: 14 15 (1A) This section applies to an executive officer who -- 16 (a) is appointed under section 45 or 53 on or after 17 the day on which the Public and Health Sector 18 Legislation Amendment (Right of Return) 19 Act 2018 section 5 comes into operation; and 20 (b) has not, at any time before that appointment, 21 been a member of the Senior Executive 22 Service. 23 24 (2) In section 58(1): 25 (a) after "executive officer" (1st occurrence) insert: 26 27 to whom this section applies 28 page 3 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Part 2 Public Sector Management Act 1994 amended s. 5 1 (b) delete "his or her first appointment as an executive 2 officer," and insert: 3 4 the appointment referred to in subsection (1A)(a), 5 6 (3) Delete section 58(2) and insert: 7 8 (2) An election referred to in subsection (1) -- 9 (a) can only be made in the executive officer's first 10 contract of employment, being the contract 11 entered into upon the appointment referred to in 12 subsection (1A)(a); and 13 (b) may, by notice in writing delivered to the 14 executive officer's employing authority, be 15 revoked by the executive officer at any time 16 before, as referred to in subsection (3A), 17 subsection (3) ceases to apply to the executive 18 officer; and 19 (c) if revoked as referred to in paragraph (b), 20 cannot be made again during the term of the 21 first contract of employment; and 22 (d) cannot be made in any subsequent contract of 23 employment for the same or another office in 24 the Senior Executive Service. 25 (2A) Subsection (2)(d) applies whether the executive 26 officer's first contract of employment expired by 27 effluxion of time or was terminated under this Act 28 before it so expired. 29 page 4 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Public Sector Management Act 1994 amended Part 2 s. 5 1 (4) In section 58(3) delete "An executive officer who has elected to 2 retain a right of return is entitled to employment in a department 3 or organisation" and insert: 4 5 Subject to subsection (3A), an executive officer who has elected 6 under subsection (1) to retain a right of return is entitled to 7 employment in the executive officer's SES place of 8 employment 9 10 (5) After section 58(3) insert: 11 12 (3A) Subsection (3) ceases to apply to an executive 13 officer -- 14 (a) in the case of an executive officer appointed for 15 a term exceeding 2 years, on the earlier of the 16 following days -- 17 (i) the day that is 2 years after the day on 18 which the executive officer is first 19 appointed; 20 (ii) the day after the day on which the 21 executive officer's first contract of 22 employment is terminated; 23 or 24 (b) in the case of an executive officer appointed for 25 a term not exceeding 2 years, on the earlier of 26 the following days -- 27 (i) the day after the day on which the 28 executive officer's first contract of 29 employment expires by effluxion of 30 time; 31 (ii) the day after the day on which the 32 executive officer's first contract of 33 employment is terminated. page 5 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Part 2 Public Sector Management Act 1994 amended s. 5 1 (3B) When subsection (3) ceases to apply to an executive 2 officer -- 3 (a) the election contained in the executive officer's 4 first contract of employment ceases to have any 5 effect; and 6 (b) the executive officer cannot, during the 7 remainder (if any) of the term of the first 8 contract of employment, make another election; 9 and 10 (c) as referred to in subsection (2)(d), the executive 11 officer cannot, in any subsequent contract of 12 employment for the same or another office in 13 the Senior Executive Service, elect to retain a 14 right of return. 15 16 (6) In section 58(7) insert in alphabetical order: 17 18 SES place of employment, in relation to an executive 19 officer who has an entitlement under subsection (3) to 20 employment, means -- 21 (a) in the case of an executive officer other than a 22 chief executive officer -- the department or 23 organisation in which the executive officer was 24 employed immediately before the 25 circumstances referred to in subsection (3)(a) 26 and (b) arose; or 27 (b) in the case of a chief executive officer -- the 28 department principally assisting in the 29 administration of this Act; 30 page 6 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Public Sector Management Act 1994 amended Part 2 s. 6 1 (7) In section 58(7) in the definition of right of return delete "a 2 department or organisation" and insert: 3 4 the executive officer's SES place of employment 5 6 Note: The heading to amended section 58 is to read: 7 Right of return for executive officers under first appointment 8 6. Section 59 amended 9 (1) In section 59(1)(b) delete "within the meaning of section 58." 10 and insert: 11 12 as defined in section 58(7). 13 14 (2) In section 59(2) and (3) delete "remuneration" and insert: 15 16 salary 17 18 7. Part 9 Division 4 inserted 19 At the end of Part 9 insert: 20 21 Division 4 -- Public and Health Sector Legislation 22 Amendment (Right of Return) Act 2018 23 Part 2 amendments: transitional provisions 24 115. Transitional provisions (Sch. 9) 25 Schedule 9 sets out transitional provisions. 26 page 7 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Part 2 Public Sector Management Act 1994 amended s. 8 1 8. Schedule 9 inserted 2 After Schedule 8 insert: 3 4 Schedule 9 -- Public and Health Sector Legislation 5 Amendment (Right of Return) Act 2018 Part 2 amendments: 6 transitional provisions 7 [s. 115] 8 1. Terms used 9 In this Schedule -- 10 commencement day means the day on which the Public and 11 Health Sector Legislation Amendment (Right of Return) 12 Act 2018 section 8 comes into operation; 13 contract of employment means a contract of employment 14 referred to in section 56; 15 existing contract, in relation to an executive officer, means 16 the contract of employment under which the executive 17 officer is employed immediately before commencement 18 day; 19 new section 58 means section 58 as amended by the Public 20 and Health Sector Legislation Amendment (Right of Return) 21 Act 2018 section 5; 22 new section 59 means section 59 as amended by the Public 23 and Health Sector Legislation Amendment (Right of Return) 24 Act 2018 section 6; 25 old section 58 means section 58 as in force immediately 26 before the day on which the Public and Health Sector 27 Legislation Amendment (Right of Return) Act 2018 section 5 28 comes into operation; 29 old section 59 means section 59 as in force immediately 30 before the day on which the Public and Health Sector 31 Legislation Amendment (Right of Return) Act 2018 section 6 32 comes into operation. page 8 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Public Sector Management Act 1994 amended Part 2 s. 8 1 2. Right of return for executive officers on initial contracts 2 not exceeding 2 years 3 (1) This clause applies to an executive officer if -- 4 (a) the executive officer's existing contract -- 5 (i) is the executive officer's first contract of 6 employment, being the contract entered into 7 upon the executive officer's first 8 appointment to the Senior Executive 9 Service; and 10 (ii) is for a term not exceeding 2 years; 11 and 12 (b) the existing contract contains an election made by 13 the executive officer under old section 58(1) to 14 retain a right of return; and 15 (c) immediately before commencement day, the 16 election has not been revoked by the executive 17 officer as referred to in old section 58(2)(c). 18 (2) An executive officer to whom this clause applies is entitled 19 to employment in accordance with new section 58(3) to (7) 20 as if a reference to an executive officer in those provisions 21 were a reference to an executive officer to whom this clause 22 applies. 23 (3) For the purposes of new section 59(1)(b), an executive 24 officer who has an entitlement to employment under 25 subclause (2) is taken to be a person who has a right of 26 return as defined in new section 58(7). 27 3. Right of return for executive officers on initial contracts 28 exceeding 2 years 29 (1) This clause applies to an executive officer if -- 30 (a) the executive officer's existing contract -- 31 (i) is the executive officer's first contract of 32 employment, being the contract entered into 33 upon the executive officer's first 34 appointment to the Senior Executive 35 Service; and page 9 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Part 2 Public Sector Management Act 1994 amended s. 8 1 (ii) is for a term exceeding 2 years; 2 and 3 (b) the executive officer's existing contract contains an 4 election made by the executive officer under old 5 section 58(1) to retain a right of return; and 6 (c) immediately before commencement day, the 7 election has not been revoked by the executive 8 officer as referred to in old section 58(2)(c). 9 (2) In the case of an executive officer who was appointed less 10 than 2 years before commencement day, this clause ceases 11 to apply to the executive officer -- 12 (a) on the later of the following days -- 13 (i) the day that is 2 years after the day on 14 which the executive officer was appointed; 15 (ii) the day that is 6 months after 16 commencement day; 17 or 18 (b) if the executive officer's existing contract expires 19 by effluxion of time before the later of the days 20 referred to in paragraph (a), on the day after the 21 expiry; or 22 (c) if the executive officer's existing contract is 23 terminated before the later of the days referred to in 24 paragraph (a), on the day after the termination. 25 (3) In the case of an executive officer who was appointed 26 2 years or more before commencement day, this clause 27 ceases to apply to the executive officer on the earlier of the 28 following days -- 29 (a) the day that is 6 months after commencement day; 30 (b) the day after the day on which the executive 31 officer's existing contract expires by effluxion of 32 time; 33 (c) the day after the day on which the executive 34 officer's existing contract is terminated. page 10 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Public Sector Management Act 1994 amended Part 2 s. 8 1 (4) An executive officer to whom this clause applies is entitled 2 to employment in accordance with new section 58(3) and 3 (4) to (7) as if -- 4 (a) a reference to an executive officer in those 5 provisions were a reference to an executive officer 6 to whom this clause applies; and 7 (b) the words "Subject to subsection (3A)," at the 8 beginning of new section 58(3) were omitted. 9 (5) For the purposes of new section 59(1)(b), an executive 10 officer who has an entitlement to employment under 11 subclause (4) is taken to be a person who has a right of 12 return as defined in new section 58(7). 13 4. Right of return for executive officers on other contracts 14 (1) This clause applies to an executive officer if -- 15 (a) the executive officer's existing contract is not a 16 contract of the kind referred to in clause 2(1)(a) or 17 3(1)(a); and 18 (b) the existing contract contains an election made by 19 the executive officer under old section 58(1) to 20 retain a right of return; and 21 (c) immediately before commencement day, the 22 election has not been revoked by the executive 23 officer as referred to in old section 58(2)(c). 24 (2) This clause ceases to apply to an executive officer on the 25 earlier of the following days -- 26 (a) the day that is 6 months after commencement day; 27 (b) the day after the day on which the executive 28 officer's existing contract expires by effluxion of 29 time; 30 (c) the day after the day on which the executive 31 officer's existing contract is terminated. page 11 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Part 2 Public Sector Management Act 1994 amended s. 8 1 (3) An executive officer to whom this clause applies is entitled 2 to employment in accordance with new section 58(3) and 3 (4) to (7) as if -- 4 (a) a reference to an executive officer in those 5 provisions were a reference to an executive officer 6 to whom this clause applies; and 7 (b) the words "Subject to subsection (3A)," at the 8 beginning of new section 58(3) were omitted. 9 (4) For the purposes of new section 59(1)(b), an executive 10 officer who has an entitlement to employment under 11 subclause (3) is taken to be a person who has a right of 12 return as defined in new section 58(7). 13 5. Executive officers may elect to take compensation 14 (1) An executive officer who has an entitlement to employment 15 by reason of clause 2(2), 3(4) or 4(3) may elect in writing 16 given to the Commissioner to take compensation under new 17 section 59 instead of exercising the entitlement to 18 employment. 19 (2) On an election under subclause (1) taking effect, the 20 executive officer concerned -- 21 (a) ceases to have the entitlement to employment; and 22 (b) becomes entitled to compensation under new 23 section 59. 24 6. No other right of return under s. 58 or contract for 25 executive officers on existing contracts 26 (1) No executive officer employed under an existing contract 27 has a right of return under old section 58. 28 (2) Except as provided by clauses 2, 3 and 4, no executive 29 officer employed under an existing contract has a right of 30 return under new section 58. page 12 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Public Sector Management Act 1994 amended Part 2 s. 8 1 (3) When, as referred to in clause 3(2), (3) or 4(2) (as the case 2 requires), clause 3 or 4 ceases to apply to an executive 3 officer -- 4 (a) the election contained in the executive officer's 5 existing contract ceases to have any effect; and 6 (b) the executive officer cannot, during the remainder 7 (if any) of the term of the existing contract, make 8 another election; and 9 (c) the executive officer cannot, in any subsequent 10 contract of employment for the same or another 11 office in the Senior Executive Service, elect to 12 retain a right of return. 13 7. Entitlements arising under s. 59 before commencement 14 day 15 (1) This clause applies if, immediately before commencement 16 day -- 17 (a) an executive officer is entitled to compensation 18 under old section 59, whether by reason of old 19 section 59(1) or section 60(2)(b); but 20 (b) the Commissioner has not determined under old 21 section 59 the compensation (if any) to which the 22 executive officer is entitled. 23 (2) The Commissioner is to determine the compensation (if any) 24 to which the executive officer is entitled under new 25 section 59. 26 page 13 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Part 3 Health Services Act 2016 amended s. 9 1 Part 3 -- Health Services Act 2016 amended 2 9. Act amended 3 This Part amends the Health Services Act 2016. 4 10. Section 129 amended 5 Delete section 129(1)(c) and insert: 6 7 (c) in the case of an executive to whom section 132 8 applies, any election by the executive to retain a 9 right of return as defined in section 132(1). 10 11 11. Section 132 amended 12 (1) In section 132(1) insert in alphabetical order: 13 14 HES place of employment, in relation to an executive 15 who has an entitlement under subsection (4) to 16 employment, means -- 17 (a) in the case of an executive other than a chief 18 executive -- the health service provider in 19 which the executive was employed immediately 20 before the circumstances referred to in 21 subsection (4)(a) and (b) arose; or 22 (b) in the case of a chief executive -- the 23 Department; 24 25 (2) In section 132(1) in the definition of right of return delete "a 26 department or organisation" and insert: 27 28 the executive's HES place of employment 29 page 14 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Health Services Act 2016 amended Part 3 s. 11 1 (3) After section 132(1) insert: 2 3 (1A) This section applies to an executive who -- 4 (a) is appointed under section 108 or 121 on or 5 after the day on which the Public and Health 6 Sector Legislation Amendment (Right of 7 Return) Act 2018 section 11 comes into 8 operation; and 9 (b) has not, at any time before that appointment, 10 been appointed under section 108 or 121. 11 12 (4) In section 132(2): 13 (a) after "executive" (1st occurrence) insert: 14 15 to whom this section applies 16 17 (b) delete "executive's first appointment as an executive," 18 and insert: 19 20 appointment referred to in subsection (1A)(a), 21 22 (c) in paragraph (a) delete "organisation (the originating 23 place of employment); or" and insert: 24 25 organisation; or 26 27 (d) in paragraph (b) delete "organisation (the originating 28 place of employment)." and insert: 29 30 organisation. 31 page 15 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Part 3 Health Services Act 2016 amended s. 11 1 (5) Delete section 132(3) and insert: 2 3 (3) An election referred to in subsection (2) -- 4 (a) can only be made in the executive's first 5 contract of employment, being the contract 6 entered into upon the appointment referred to in 7 subsection (1A)(a); and 8 (b) may, by notice in writing delivered to the 9 executive's employing authority, be revoked by 10 the executive at any time before, as referred to 11 in subsection (4A), subsection (4) ceases to 12 apply to the executive; and 13 (c) if revoked as referred to in paragraph (b), 14 cannot be made again during the term of the 15 first contract of employment; and 16 (d) cannot be made in any subsequent contract of 17 employment for the same or another office in 18 the Health Executive Service. 19 (3A) Subsection (3)(d) applies whether the executive's first 20 contract of employment expired by effluxion of time or 21 was terminated under this Act before it so expired. 22 23 (6) In section 132(4) delete "An executive who has elected to retain 24 a right of return is entitled to employment in the executive's 25 originating" and insert: 26 27 Subject to subsection (4A), an executive who has elected under 28 subsection (2) to retain a right of return is entitled to 29 employment in the executive's HES 30 page 16 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Health Services Act 2016 amended Part 3 s. 11 1 (7) After section 132(4) insert: 2 3 (4A) Subsection (4) ceases to apply to an executive -- 4 (a) in the case of an executive appointed for a term 5 exceeding 2 years, on the earlier of the 6 following days -- 7 (i) the day that is 2 years after the day on 8 which the executive is first appointed; 9 (ii) the day after the day on which the 10 executive's first contract of employment 11 is terminated; 12 or 13 (b) in the case of an executive appointed for a term 14 not exceeding 2 years, on the earlier of the 15 following days -- 16 (i) the day after the day on which the 17 executive's first contract of employment 18 expires by effluxion of time; 19 (ii) the day after the day on which the 20 executive's first contract of employment 21 is terminated. 22 (4B) When subsection (4) ceases to apply to an executive -- 23 (a) the election contained in the executive's first 24 contract of employment ceases to have any 25 effect; and 26 (b) the executive cannot, during the remainder (if 27 any) of the term of the first contract of 28 employment, make another election; and 29 (c) as referred to in subsection (3)(d), the executive 30 cannot, in any subsequent contract of 31 employment for the same or another office in 32 the Health Executive Service, elect to retain a 33 right of return. 34 page 17 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Part 3 Health Services Act 2016 amended s. 12 1 Note: The heading to amended section 132 is to read: 2 Right of return for executives under first appointment 3 12. Section 133 amended 4 (1) In section 133(1)(b) delete "within the meaning of section 132." 5 and insert: 6 7 as defined in section 132(1). 8 9 (2) In section 133(3) and (4) delete "remuneration" and insert: 10 11 salary 12 13 13. Part 19 Division 8 inserted 14 At the end of Part 19 insert: 15 16 Division 8 -- Public and Health Sector Legislation 17 Amendment (Right of Return) Act 2018 Part 3 18 258A. Terms used 19 In this Division -- 20 commencement day means the day on which the 21 Public and Health Sector Legislation Amendment 22 (Right of Return) Act 2018 section 13 comes into 23 operation; 24 contract of employment means a contract of 25 employment referred to in section 128; 26 executive has the meaning given in section 126; 27 existing contract, in relation to an executive, means the 28 contract of employment under which the executive is 29 employed immediately before commencement day; page 18 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Health Services Act 2016 amended Part 3 s. 13 1 new section 132 means section 132 as amended by the 2 Public and Health Sector Legislation Amendment 3 (Right of Return) Act 2018 section 11; 4 new section 133 means section 133 as amended by the 5 Public and Health Sector Legislation Amendment 6 (Right of Return) Act 2018 section 12; 7 old section 132 means section 132 as in force 8 immediately before the day on which the Public and 9 Health Sector Legislation Amendment (Right of 10 Return) Act 2018 section 11 comes into operation; 11 old section 133 means section 133 as in force 12 immediately before the day on which the Public and 13 Health Sector Legislation Amendment (Right of 14 Return) Act 2018 section 12 comes into operation. 15 258B. Right of return for executives on initial contracts 16 not exceeding 2 years 17 (1) This section applies to an executive if -- 18 (a) the executive's existing contract -- 19 (i) is the executive's first contract of 20 employment, being the contract entered 21 into upon the executive's first 22 appointment as an executive; and 23 (ii) is for a term not exceeding 2 years; 24 and 25 (b) the existing contract contains an election made 26 by the executive under old section 132(2) to 27 retain a right of return; and 28 (c) immediately before commencement day, the 29 election has not been revoked by the executive 30 as referred to in old section 132(3)(c). 31 (2) An executive to whom this section applies is entitled to 32 employment in accordance with new section 132(1) 33 and (4) to (8) as if a reference to an executive in those page 19 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Part 3 Health Services Act 2016 amended s. 13 1 provisions were a reference to an executive to whom 2 this section applies. 3 (3) For the purposes of new section 133(1)(b), an 4 executive who has an entitlement to employment under 5 subsection (2) is taken to be a person who has a right of 6 return as defined in new section 132(1). 7 258C. Right of return for executives on initial contracts 8 exceeding 2 years 9 (1) This section applies to an executive if -- 10 (a) the executive's existing contract -- 11 (i) is the executive's first contract of 12 employment, being the contract entered 13 into upon the executive's first 14 appointment as an executive; and 15 (ii) is for a term exceeding 2 years; 16 and 17 (b) the existing contract contains an election made 18 by the executive under old section 132(2) to 19 retain a right of return; and 20 (c) immediately before commencement day, the 21 election has not been revoked by the executive 22 as referred to in old section 132(3)(c). 23 (2) In the case of an executive who was appointed less 24 than 2 years before commencement day, this section 25 ceases to apply to the executive -- 26 (a) on the later of the following days -- 27 (i) the day that is 2 years after the day on 28 which the executive was appointed; 29 (ii) the day that is 6 months after 30 commencement day; 31 or page 20 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Health Services Act 2016 amended Part 3 s. 13 1 (b) if the executive's existing contract expires by 2 effluxion of time before the later of the days 3 referred to in paragraph (a), on the day after the 4 expiry; or 5 (c) if the executive's existing contract is terminated 6 before the later of the days referred to in 7 paragraph (a), on the day after the termination. 8 (3) In the case of an executive who was appointed 2 years 9 or more before commencement day, this section ceases 10 to apply to the executive on the earlier of the following 11 days -- 12 (a) the day that is 6 months after commencement 13 day; 14 (b) the day after the day on which the executive's 15 existing contract expires by effluxion of time; 16 (c) the day after the day on which the executive's 17 existing contract is terminated. 18 (4) An executive to whom this section applies is entitled to 19 employment in accordance with new section 132(1), 20 (4) and (5) to (8) as if -- 21 (a) a reference to an executive in those provisions 22 were a reference to an executive to whom this 23 section applies; and 24 (b) the words "Subject to subsection (4A)," at the 25 beginning of new section 132(4) were omitted. 26 (5) For the purposes of new section 133(1)(b), an 27 executive who has an entitlement to employment under 28 subsection (4) is taken to be a person who has a right of 29 return as defined in new section 132(1). page 21 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Part 3 Health Services Act 2016 amended s. 13 1 258D. Right of return for executives on other contracts 2 (1) This section applies to an executive if -- 3 (a) the executive's existing contract is not a 4 contract of the kind referred to in 5 section 258B(1)(a) or 258C(1)(a); and 6 (b) the existing contract contains an election made 7 by the executive under old section 132(2) to 8 retain a right of return; and 9 (c) immediately before commencement day, the 10 election has not been revoked by the executive 11 as referred to in old section 132(3)(c). 12 (2) This section ceases to apply to an executive on the 13 earlier of the following days -- 14 (a) the day that is 6 months after commencement 15 day; 16 (b) the day after the day on which the executive's 17 existing contract expires by effluxion of time; 18 (c) the day after the day on which the executive's 19 existing contract is terminated. 20 (3) An executive to whom this section applies is entitled to 21 employment in accordance with new section 132(1), 22 (4) and (5) to (8) as if -- 23 (a) a reference to an executive in those provisions 24 were a reference to an executive to whom this 25 section applies; and 26 (b) the words "Subject to subsection (4A)," at the 27 beginning of new section 132(4) were omitted. 28 (4) For the purposes of new section 133(1)(b), an 29 executive who has an entitlement to employment under 30 subsection (3) is taken to be a person who has a right of 31 return as defined in new section 132(1). page 22 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Health Services Act 2016 amended Part 3 s. 13 1 258E. Executives may elect to take compensation 2 (1) An executive who has an entitlement to employment 3 by reason of section 258B(2), 258C(4) or 258D(3) may 4 elect in writing given to the Department CEO to take 5 compensation under new section 133 instead of 6 exercising the entitlement to employment. 7 (2) On an election under subsection (1) taking effect, the 8 executive concerned -- 9 (a) ceases to have the entitlement to employment; 10 and 11 (b) becomes entitled to compensation under new 12 section 133. 13 258F. No other right of return under s. 132 or contract for 14 executives on existing contracts 15 (1) No executive employed under an existing contract has 16 a right of return under old section 132. 17 (2) Except as provided by sections 258B, 258C and 258D, 18 no executive employed under an existing contract has a 19 right of return under new section 132. 20 (3) When, as referred to in section 258C(2), (3) or 258D(2) 21 (as the case requires), section 258C or 258D ceases to 22 apply to an executive -- 23 (a) the election contained in the executive's 24 existing contract ceases to have any effect; and 25 (b) the executive cannot, during the remainder (if 26 any) of the term of the existing contract, make 27 another election; and 28 (c) the executive cannot, in any subsequent 29 contract of employment for the same or another 30 office in the Health Executive Service, elect to 31 retain a right of return. page 23 Public and Health Sector Legislation Amendment (Right of Return) Bill 2018 Part 3 Health Services Act 2016 amended s. 13 1 258G. Entitlements arising under s. 133 before 2 commencement day 3 (1) This section applies if, immediately before 4 commencement day -- 5 (a) an executive is entitled to compensation under 6 old section 133, whether by reason of old 7 section 133(1) or section 135(2)(b); but 8 (b) the Department CEO has not determined under 9 old section 133 the compensation (if any) to 10 which the executive is entitled. 11 (2) The Department CEO is to determine the compensation 12 (if any) to which the executive is entitled under new 13 section 133. 14 15
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